Kinkead v. McCormack Harvesting Machine Co.
Supreme Court of Iowa
Appeal from Linn District Oourt. — Hon. William G. Thompson, Judge. . In August, 1896, the plaintiff purchased of the defendant a corn binder, for which he gave his note for one hundred and thirty dollars, which note has been assigned by defendant, and plaintiff is liable for the payment thereof. From the petition it appears that the corn binder was warranted as follows: “These machines are all warranted to be well made, of good material, and durable, with proper care.
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Appeal from Linn District Oourt. — Hon. William G. Thompson, Judge. . In August, 1896, the plaintiff purchased of the defendant a corn binder, for which he gave his note for one hundred and thirty dollars, which note has been assigned by defendant, and plaintiff is liable for the payment thereof. From the petition it appears that the corn binder was warranted as follows: “These machines are all warranted to be well made, of good material, and durable, with proper care. If, upon one day’s trial, the machine should not work well, the purchaser shall give immediate notice to said McCormick…
1Opinion of the CourtGranger, J.
1 I. There is a complaint that the court presented to the jury an issue of fact not involved in the pleadings. The plaintiff pleaded as a basis of recovery his purchase of the machine, the warranty thereof, a compliance with the conditions on his part, a breach thereof by defendant, and his liability to pay the note. The answer, by denials, put in issue the allegations as to a breach of the warranty and full compliance with the conditions of the warranty by plaintiff, and then, by way of affirmative defense, pleaded a settlement by the giving of the note after knowledge of the workings of the…
2Cases cited4 opinions
- Eikenberry & Co. v. EdwardsSupreme Court of Iowa · 1885
- First National Bank of Marshalltown v. WrightSupreme Court of Iowa · 1891
- McCormick Harvesting Machine Co. v. BrowerSupreme Court of Iowa · 1893
- Kervick v. MitchellSupreme Court of Iowa · 1885
3Cited by7 opinions
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- State Bank v. BrownSupreme Court of Iowa · 1909
- Economy Hog & Cattle Powder Co. v. HonettSupreme Court of Iowa · 1937
- Royal Lumber Co. v. HoelznerSupreme Court of Iowa · 1924
- American Soda Fountain Co. v. Dean Drug Co.Supreme Court of Iowa · 1907
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